[DOWNLOAD] "In Re T.I.E." by Colorado Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: In Re T.I.E.
- Author : Colorado Court of Appeals
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
In this case, we clarify the relationship between "maintenance" and "design" under the Colorado Governmental Immunity Act ("CGIA" or "Act"), CGIA ร§ 24-10-101 to -120, 7 C.R.S. (2001), thereby demarcating the scope of the states duty to maintain a public highway. Plaintiffs, Terri Hawkins and Jerry and Mary Medina, were passengers on a charter bus traveling through Clear Creek Canyon on U.S. Highway 6 when a large boulder dislodged from a "cut slope" above the road and crashed through the roof, severely injuring Ms. Hawkins and Mr. Medina. Mr. Medina later died from his injuries. Ms. Hawkins and the Medinas each brought separate actions against the State of Colorado, the Colorado State Highway Patrol, and the Colorado Department of Transportation (collectively "the state"), among others. The trial court later consolidated these actions. In their amended complaints, both Plaintiffs alleged that the state was negligent in failing to maintain the highway. Ms. Hawkins specifically claimed that the state breached its duty to maintain the highway by negligently failing to install safety devices that would have prevented the boulder from falling. The Medinas, in addition to their failure to maintain claim, alleged that the state was negligent in failing to close U.S. Highway 6 to public travel, failing to warn the public that U.S. Highway 6 was unsafe for travel, and failing to recommend that the public use alternate routes.